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LIEBERMAN v. ESTATE OF CHAYEFSKY

No. 78 CIV 1746 (LBS).

535 F.Supp. 90 (1982)

Jeffrey LIEBERMAN, Plaintiff, v. ESTATE OF Paddy CHAYEFSKY, Susan and William Chayefsky as Executors, and Simcha Productions, Inc., Defendants.

United States District Court, S. D. New York.

March 4, 1982.

Attorney(s) appearing for the Case

Santora, Shenkman & Kushel, Robert B. McKay, Michael S. Allen, New York City, for plaintiff.

Carro, Spanbock, Londin, Fass & Geller, Kenneth A. Lapatine, Gail I. Edwin, New York City, for defendants.

OPINION

SAND, District Judge.

This instant action is a dispute over the ownership of the copyrights to the novel and screenplay entitled "Altered States". The defendant, Paddy Chayefsky,1 initially moved to dismiss for lack of subject matter jurisdiction, pursuant to Fed.R.Civ.P. 12(b)(1) and 12(h)(3), on the theory that the plaintiff's claims did not arise under federal law. See 28 U.S.C. §§ 1338 and 1331. On...

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